Wilborn v. Treseler et al

Filing 8

Judge George A. OToole, Jr: ORDER entered granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. The Clerk shall issue summonses and the plaintiff shall serve the summons, complaint, and this order upon the defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. Service must be completed within 90 days of the date the summonses issue. Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. If so asked by the plaintiff, the USMS shall serve a copy of the summons, complaint, and this order upon the defendant as directed by plaintiff. The plaintiff is responsible for providing the USMS all copies for service and for completing a USM-285 form for each party to be served. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-10858-GAO

BRUCE WILBORN
Plaintiff,
v.
PAUL TRESELER, et al.
Defendants.

ORDER

O=TOOLE, D.J.
1.

The motion for leave to proceed in forma pauperis is GRANTED.

28 U.S.C. § 1915(b)(1), the Court assesses an initial partial filing fee of $132.70.

Pursuant to
The

remainder of the fee, $217.30, shall be collected in accordance with 28 U.S.C. § 1915(b)(2).
The Clerk shall send a copy of this order to the treasurer of the institution having custody of the
plaintiff.
2.

The Clerk shall issue summonses and the plaintiff shall serve the summons,

complaint, and this order upon the defendants in accordance with Rule 4 of the Federal Rules of
Civil Procedure.
3.

Service must be completed within 90 days of the date the summonses issue.

Because the plaintiff is proceeding in forma pauperis, he may elect to have the

United States Marshals Service (“USMS”) complete service with all costs of service to be
advanced by the United States.

If so asked by the plaintiff, the USMS shall serve a copy of the

summons, complaint, and this order upon the defendant as directed by plaintiff.

The plaintiff is

responsible for providing the USMS all copies for service and for completing a USM-285 form

for each party to be served.

The Clerk shall provide the plaintiff with forms and instructions for

service by the USMS.
4.

The motion for appointment of counsel is DENIED WITHOUT PREJUDICE to

renewal after the defendants have been served with and responded to the complaint.

SO ORDERED.
10/20/2017
DATE

/s/ George A. O’Toole, Jr.
GEORGE A. O=TOOLE, JR.
UNITED STATES DISTRICT JUDGE

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